HomeMy WebLinkAbout2005-01-05; Planning Commission; Resolution 56961
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PLANNING COMMISSION RESOLUTION NO. 5696
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO AMEND
VARIOUS SECTIONS OF THE CARLSBAD MUNICIPAL
CODE TO DEFINE MOBILE AND MODULAR BUILDINGS
AND PROVIDE FOR TEMPORARY PLACEMENT OF
MOBILE BUILDINGS BY CONDITIONAL USE PERMIT.
CASE NAME: TEMPORARY BUILDINGS
CASE NO: ZCA 04-03
WHEREAS, City of Carlsbad has filed a verified application with the City of
Carlsbad; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X” dated, January 5, 2005, and attached hereto TEMPORARY
BUILDINGS - ZCA 04-03; and
WHEREAS, the Planning Commission did on the 5th day of January 2005, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
03, based on the following findings:
RECOMMENDS APPROVAL of TEMPORARY BUILDINGS - ZCA 04-
Findinps:
1. That the proposed Zone Code Amendment is consistent with the General Plan in that it
facilitates the provision of a pleasing visual form for the community by establishing
standards for the placement and appearance of mobile buildings; assists in the
provision of adequate shelter by allowing for the use of mobile buildings for
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temporary or emergency shelter needs; and minimizes injury and damage resulting
from potential seismic events by requiring the installation of seismic tie-downs for
all mobile buildings a
2. That the proposed ZCA reflects sound principles of good planning in that it is consistent
with the General Plan and ensures consistency between the various provisions of the
Zoning Ordinance and the implementing ordinance of the Local Coastal Program.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 5th day of January 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN: 3 . SEGALL, irperson CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5696 -2-
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Exhibit “X”
January 5,2005
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS OF
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE AND ADDING
SECTIONS 21.04.263 AND 21.04.273 TO THE CARLSBAD MUNICIPAL
CODE TO DEFINE MOBILE AND MODULAR BUILDINGS AND
PROVIDE FOR TEMPORARY PLACEMENT OF MOBILE BUILDINGS
BY CONDITIONAL USE PERMIT.
CASE NAME: TEMPORARY BUILDINGS
CASE NO.: ZCA 04-03
The City Council of the City of Carlsbad, California, does ordain as follows:
Section 1: That Chapter 21.04 of the Carlsbad Municipal Code is amended by the
addition of Section 21.04.263 to read as follows:
“21.04.263 Lot width.
“Lot width” means the horizontal distance of the line constituting the required front yard
setback, as required in certain zone classifications. For those zone classifications without required front
yards, the lot width is the horizontal distance between the side lot lines measured at right angles to a line
comprising the depth of the lot’at a point midway between the front and rear lot lines. All lots located on
the inside of a curve of a public street whose rear property line is at least twenty feet less in length than the front property line shall have their lot width calculated, for the purpose of computing required side
yard setbacks, using the average width of the lot.”
That Section 21.04.265 of the Carlsbad Municipal Code is amended to Section 2:
read as follows:
“21 -04.265 Mobile buildinq.
“Mobile building” means a structure constructed on a permanent chassis transportable in
one or more sections, designed and equipped for human occupancy for industrial, professional,
commercial, educational, or temporary housing (e.9. farmworker or transitional housing) purposes to be
used primarily with a temporary foundation system. A “mobile building” requires vehicle registration from
the state Department of Transportation pursuant to the state Vehicle Code and requires registration and
title from the state Department of Housing and Community Development pursuant to the state Health and
Safety Code. “Mobile building” does not include a recreational trailer, mobile homes, manufactured
home, or prefabricated home but may include a commercial coach or trailer coach.”
Section 3: That Chapter 21.04 of the Carlsbad Municipal Code is amended by the
addition of Section 21.04.270 to read as follows:
“21.04.270 Modular buildinq.
“Modular building” means a structure not constructed on a permanent chassis,
transportable in one or more sections on a separate trailer, designed for human occupancy for industrial,
professional, or commercial purposes to be placed upon a permanent foundation. A “modular building” is
constructed in prefabricated sections and its construction and assembly is subject to the California
Building, Electrical, Mechanical, and Plumbing Codes. “Modular building” does not include mobile offices, mobile homes, manufactured home, prefabricated home, commercial coach, or trailer coach. For the
purposes of permitted uses in each zone, “modular building” is considered the same as any standard
building.”
That Chapter 21.04 of the Carlsbad Municipal Code is amended by the Section 4:
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addition of Section 21.04.273 to read as follows:
“21.04.273 Motel.
“Motel” means a group of attached or detached buildings containing individual sleeping
or living units where a majority of such units open individually and directly to the outside, and where a
garage is attached or a parking space is conveniently located to each unit, all for the temporary use by
automobile tourist or transients, and such word shall include motor lodges. An establishment shall be
considered a motel when it is required by the Health and Safety Code of the state of California to obtain
the name and address of the guests, the make, year and license number of the vehicle and the state in
which it was issued.”
Section 5: That Section 21.08.020 of the Carlsbad Municipal Code is amended by
the amendment of “TABLE A PERMITTED USES” in Subsection 21.08.020.B to read as follows:
TABLE A
PERMITTED USES
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
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Publiclquasi-public accessory utility buildingslfacilities (see note 7, below)
Satellite TV antennae, subject to Sec. 21 S3.130 - 21.53.150 (defined: Sec. Ix X 21.04.302)
Schools, public/private (defined: Sec 21.04.140)
Second dwelling unit, subject to Sec. 21.10.030 (defined: Sec. 21.04.303)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldg./trailer (real estate or construction), subiect to Sec. 21 53.090 and
X
X
X
X
Section 6: That Section 21.10.020 of the Carlsbad Municipal Code is amended by
21.53.110
Wireless Telecommunication Facilities
-
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
the amendment of “TABLE A PERMITTED USES” in Subsection 21.10.020.B to read as follows:
X
X
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the Municipal
USE
Accessory buildingslstructures (ex. garages, workshops, tool sheds, patio covers,
decks, etc.) (defined: Sec. 21.04.020)
Animal keeping (household pets), subject to Sec. 21 53.084
Animal keeping (horses) (see note 1, below)
Animal keeping (wild animals), subject to Sec. 21 53.085
Aquaculture (defined: Sec. 21.04.036)
Biological habitat preserve, subject to Sec. 21.42.01 O( 15)(A) (defined: Sec.
21.04.048)
Campsites (overnight), subject to Sec. 21.42.010(2)(H).
Cemeteries
Agricultural crops
P
X
Dwelling, one-family (defined: Sec. 21.04.1 25)
Family day care home (large), subject to Chap. 21.83 (defined: Sec. 21.04.147)
Family day care home (small), subject to Chap. 21.83 (defined: Sec. 21.04.148)
Golf courses (see note 2, below)
Greenhouses > 2,000 square feet, subject to Sec. 21.42.010(2)(F)
Home occupation, subject to Sec. 21.10.040
Mobile building, subject to Sec. 21.42.01 0(2)(N) (defined: Sec. 21.04.265)
Greenhouses (2,000 square feet maximum)
Mobile home (see note 3, below) (defined: Sec. 21.04.266)
Packinglsorting sheds (600 square feet maximum)
Packing/sorting sheds > 600 square feet, subject to Sec. 21.42.010(2)(F)
Public buildings
Public/quasi-public accessory utility buildings/facilities (see note 4, below)
Satellite TV antennae, subject to Sec. 21 53.130 - 21 53.150 (defined: Sec.
21.04.302)
Schools, public/private (defined: Sec 21.04.140)
Second dwelling unit, subject to Sec. 21.10.030 (defined: Sec. 21.04.303)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
I
X
X
X
X
CUP Acc -IT
x
X
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Temporary bldg./trailer (real estate or construction), subject to Sec. 21.53.090 and
21.53.110
Wireless Telecommunication Facilities
X
X
Campsites (overnight), subject to Sec. 21.42.01 0(2)(H)
Section 7: That Section 21.12.020 of the Carlsbad Municipal Code is amended by
1x1
the amendment of “TABLE A PERMITTED USES” in Subsection 21.12.020.8 to read as follows:
21.10.030 (defined: Sec. 21.04.303)
Temporary bldg./trailer (real estate or construction), subject to Sec. 21 53.090 and
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the Municipal I
Code:
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
X
X
Wireless Telecommunication Facilities 1x1
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USE
Accessory buildings/structures (ex. garages, workshops, tool sheds, patio covers,
Agricultural crops
Animal keeping (household pets), subject to Sec. 21 53.084
Animal keeping (wild animals), subject to Sec. 21 53.085
Aquaculture (defined: Sec. 21.04.036)
Bed and breakfasts, subject to Sec. 21.42.010(12)(A) (defined: Sec. 21.04.046)
Biological habitat preserve, subject to Sec. 21.42.01 0(15)(A) (defined: Sec.
decks, etc.) (see notes 1 & 2, below) (defined: Sec. 21.04.020)
I Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400) 11x1
P CUP Acc
X
X
X
X
X
X
X
Section 8: That Section 21.16.020 of the Carlsbad Municipal Code is amended by
the amendment of “TABLE A PERMITTED USES” in Subsection 21.16.020.8 to read as follows:
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the Municipal
Code:
0
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
“Acc” indicates use is permitted as an accessory use.
21.04.048)
Campsites (overnight), subject to Sec. 21.42.010(2)(H)
Cemeteries
Child day care center, subject to Chap. 21.83 (defined: Sec. 21.04.086)
Churches
Dwelling, one-family (see note 3, below) (defined: Sec. 21.04.1 25)
Dwelling, two-family (defined: Sec. 21.04.1 30)
Dwelling, multiple-family, subject to Sec. 21.53.120 if more than 4 units are
proposed (defined: Sec. 21.04.135)
Family day care home (large), subject to Chap. 21.83 (defined: Sec. 21.04.147)
Family day care home (small), subject to Chap. 21.83 (defined: Sec. 21.04.148)
Greenhouses (2,000 square feet maximum)
Greenhouses > 2,000 square feet, subject to Sec. 21.42.010(2)(F)
Golf courses (see note 4, below)
Home occupation, subject to Sec 21.10.040
Housing for senior citizens, subject to Chap. 21.84
Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265)
Mobile home (see notes 3 & 5, below) (defined: Sec. 21.04.266)
Packing/sorting sheds (600 square feet maximum)
Packing/sorting sheds >600 square feet, subject to Sec. 21.42.010(2)(F)
Parking lotktructure (commercial), public/private
Professional care facilities (defined: Sec. 21.04.295)
Public buildings
Public/quasi-public accessory utility buildings/facilities (see note 6, below)
Recreational vehicle storage, subject to Sec. 21.42.01 0(9) (defined: Sec.
21.04.299)
Residential care facilities (serving more than six persons), subject to Sec.
21.42.010(8)(A) (defined: Sec. 21.04.300)
Satellite TV antennae, subiect to Sec. 21 53.130 - 21.53.150 (defined: Sec.
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X
X
X
X
X
X
X
21.04.302)
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Schools, public/private (defined: Sec 21.04.140) 1x1 Second dwelling unit (accessory to a one-family dwelling only), subject to Sec. 1 Ix
Section 9: That Section 21 -18.020 of the Carlsbad Municipal Code is amended by
the amendment of “TABLE A USES PERMITTED WHEN THE R-P ZONE IMPLEMENTS THE 0 LAND
21.10.030 (defined: Sec. 21.04.303)
Temporary bldgltrailer (real estate or construction), subject to Sec. 21 53.090 and
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
USE DESIGNATION” in Subsection 21 .I 8.020.D to read as follows:
X
X
TABLE A
USES PERMITTED WHEN THE R-P ZONE
21 53.1 10
Timeshare projects, subject to Sec. 21.42.010(10)(A) (defined: Sec. 21.04.357)
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
IMPLEMENTS THE 0 LAND USE DESIGNATION
In the table, below, subject to all applicable permitting and development requirements of the Municipal
X
X
X
USE P CUP
Accessory buildings/structures, which are customarily appurtenant to a permitted
Aquaculture (defined: Sec. 21.04.036) X
Banks/financial services (no drive-thru) X
Biological habitat preserve, subject to Sec. 21.42.01 O( 15)(A) (defined: Sec. X
21.04.048)
Campsites (overnight), subject to Sec. 21.42.01 0(2)(H) X
Carn ivaldci rcuses X
Cemeteries. X
Child day care center, subject to Chap. 21.83 (defined: Sec. 21.04.086)
use (ex. incidental storage facilities) (see note 1, below) (defined: Sec. 21.04.020)
X
Acc
X
Churches
Clubs, non-profit (defined: Sec. 21.04.090)
Greenhouses (2,000 square feet maximum)
Greenhouses > 2,000 square feet, subject to Sec. 21.42.010(2)(F)
Golf courses (see note 2, below)
Medical uses (excluding hospitals), including offices for medical practitioners,
clinics, and incidental laboratories and pharmacies (prescription only)
Mobile building, subject to Sec. 21.42.01 0(2)(N) (defined: Sec. 21.04.265)
Mortuaries
Office uses, (may include incidental commercial uses such as blueprint services,
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X
X
X
X
X
X
X
X
X .. - photocopy services and news stands)
Packing/sorting sheds (600 square feet maximum)
Packinglsorting sheds > 600 square feet, subject to Sec. 21.42.010(2)(F)
Parking loffstructure (commercial), public/private
Professional care facilities (defined: Sec. 21.04.295)
Public buildings
Public/quasi-public accessory utility buildingslfacilities (see note 3, below)
Radio/television/microwave station/tower
X
X
X
X
X
X
X
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Recreational vehicle storage, subject to Sec. 21.42.01 0(9) (defined: Sec.
Residential care facilities (serving more than six persons), subject to Sec.
Satellite TV antennae, subject to Sec. 21.53.130 - 21 53.150 (defined: Sec.
Schools, public/private (defined: Sec 21.04.140)
Schools (business, vocational, and for such subjects as dance, drama,
cosmetology, music, martial arts, etc.)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporarybldg./trailer (construction), subject to Sec. 21 53.1 IO.
21.04.299)
21.42.010(8)(A) (defined: Sec. 21.04.300)
21.04.302)
Wireless Telecommunication Facilities
X
X
X
X
X
X
X
X
Section IO. That Section 21 .I 8.020 of the Carlsbad Municipal Code is amended by the
amendment of “TABLE B USES PERMITTED WHEN THE R-P ZONE IMPLEMENTS THE RMH OR RH
LAND USE DESIGNATIONS ” in Subsection 21.18.020.D to read as follows:
TABLE B
IMPLEMENTS THE RMH OR RH LAND USE DESIGNATIONS
In the table, below, subject to all applicable permitting and development requirements of the Municipal
Code:
USES PERMITTED WHEN THE R-P ZONE
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
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Accessory buildingslstructures (ex. garages, workshops, tool sheds, patio covers,
Animal keeping (household pets), subject to Sec. 21 53.084
Animal keeping (wild animals), subject to Sec. 21 53.085
Aquaculture (defined: Sec. 21.04.036)
Biological habitat preserve, subject to Sec. 21.42.01 0(15)(A) (defined: Sec.
decks, etc.) (see notes 1 & 2, below) (defined: Sec. 21.04.020)
21.53.110.
X
X
X
X
X
Section 11 : That Section 21.22.020 of the Carlsbad Municipal Code is amended by
21.04.048)
Boat launching/docking facilities (see note 3, below)
Campsites (overnight), subject to Sec. 21.42.01 0(2)(H)
Cemeteries
Churches
Dwelling, one-family (see note 4, below) (defined: Sec. 21.04.125)
Dwelling, two-family (defined: Sec. 21.04.1 30)
Dwelling, multiple-family, subject to Sec. 21 53.120 if more than 4 units are
Family day care home (large), subject to Chap. 21.83 (defined: Sec. 21.04.147)
Family day care home (small), subject to Chap. 21.83 (defined: Sec. 21.04.148)
Greenhouses > 2,000 square feet, subject to Sec. 21.42.010(2)(F)
proposed (defined: Sec. 21.04.135)
the amendment of “TABLE A PERMITTED USES” in Subsection 21.22.020.8 to read as follows:
X
X
X
X
X
X
X
X
X
X
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the Municipal
Code:
0
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
“Acc” indicates use is permitted as an accessory use.
USE I P I CUP I Acc
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Housing for senior citizens, subject to Chap. 21.84
Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265)
Mobile home (see notes 4 & 6, below) (defined: Sec. 21.04.266)
Packing/sorting sheds > 600 square feet, subject to Sec. 21.42.010(2)(F)
X
X
X
X
Public buildings
Public/quasi-public accessory utility buildings/facilities (see note 7, below)
Satellite TV antennae, subiect to Sec. 21 S3.130 - 21 53.150 (defined: Sec.
X
X
X 21.04.302)
Schools, public/private (defined: Sec 21.04.140)
Second dwelling unit (accessory to a one-family dwelling only), subject to Sec.
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
21.1 0.030 (defined: Sec. 21.04.303)
Temporary bldg./trailer (real estate or construction), subject to Sec. 21 53.090 and
Section 12: That Section 21.24.020 of the Carlsbad Municipal Code is amended by
X
X
X
X
the amendment of “TABLE A PERMITTED USES” in Subsection 21.24.020.8 to read as follows:
Wireless Telecommunication Facilities
TABLE A
PERMITTED USES
0
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
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21 53.1 10
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
X
X
the amendment of “TABLE A PERMITTED USES” in Subsection 21.37.020.8 to read as follows:
Churches
Family day care home (large), subject to Chap. 21.83 (defined: Sec. 21.04.147)
Family day care home (small), subject to Chap. 21.83 (defined: Sec. 21.04.148)
Golf courses (see note 1, below)
Greenhouses > 2,000 square feet, subject to Sec. 21.42.010(2)(F)
Home occupation, subject to Sec. 21.10.040
Mobile building, subject to Sec. 21.42.01 0(2)(N) (defined: Sec. 21.04.265)
Mobile home accessory structures (defined: Sec. 21.04.267)
Mobile home parks (see note 2, below)
Packinglsorting sheds > 600 square feet, subject to Sec. 21.42.010(2)(F)
Public buildings
Public/quasi-public accessory utility buildings/facilities (see note 3, below)
Satellite TV antennae, subject to Sec. 21 53.130 - 21.53.150 (defined: Sec.
TABLE A
PERMITTED USES
0 “P” indicates use is permitted
with approval of a conditional use permit.
X
X
X
X
X
X
X
X
X
X
X
X
X
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Schools, publiclprivate (defined: Sec 21.04.140)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldgltrailer (real estate or construction), subject to Sec. 21 53.090 and
X
X
X 1 21.53.110 II I I
Wireless Telecommunication Facilities
Zoos (private), subject to Sec. 21.42.010(2)(K) (defined: Sec. 21.04.400)
X
X
Section 14: That Section 21.42.010 of the Carlsbad Municipal Code is amended by
the amendment of Subsection 21.42.010(11)(A) to read as follows:
“(A) Hotel and Motel uses as defined in Sections 21.04.185 and 21.04.273 of this code, subject to the following conditions:
(i) The application for a conditional use permit shall include the submittal of an architectural theme, colored elevations and site plan for review by the planning commission.
(ii) When adjoining residentially zoned property, hotels and motels under this section
must comply with the following provisions:
(a) Front yard setbacks, buildings -- twenty-five feet or same distance as existing
buildings or adjoining lots; driveway or parking area -- ten feet; outdoor recreational amenities -- ten feet;
(b) A six-foot-high masonry wall shall be constructed along all property lines
which are adjacent to residentially zoned properties (except where prohibited by approved driveways).”
Section 15: That Section 21.42.01 0 of the Carlsbad Municipal Code is amended by
the addition of Subsection 21.42.010(2)(N) to read.as follows:
“(N) Temporary use of mobile buildings, as defined in Section 21.04.265 of this code,
subject to the following conditions:
(i) The mobile building shall be occupied by a permitted or conditional use allowed in the
zone in which it is placed. The occupancy shall be limited to a five-year term, unless extended by the
Planning Commission. (ii) Newly placed mobile buildings shall not be installed on permanent foundations.
(iii) All mobile buildings shall have wood or stucco siding and must be installed with
skirting to screen the chassis, wheels, and temporary foundation system.
(iv) All mobile buildings must meet all applicable local, state, and federal codes including, but not limited to: manufacturer’s certificate of origin, current and valid registration tags,
adequate accessibility for disabled persons, temporary foundation system design and installation, utility
connections, and zoning requirements such as building height and setbacks.”
Section 15: That Section 21.42.010(5)(s) of the Carlsbad Municipal Code is hereby
repealed.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and
the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a
publication of general circulation in the City of Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the day of 2005, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad
on the day of 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)